Order 2013-7-18

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

On the Twenty-Third day of July, 2013

American Eagle Airlines, Inc. Served: July 23, 2013 

Violations of 14 CFR Part 259 and 

 49 U.S.C. § 41712 Docket OST-2013-0004-

CONSENT ORDER

This consent order concerns violations by American Eagle Airlines, Inc., (American 

Eagle) of 14 CFR Part 259 and 49 U.S.C. § 41712. Specifically, the carrier failed to 

adhere to the assurance in its contingency plan for lengthy tarmac delays that the carrier 

would not allow an aircraft to remain on the tarmac for more than three hours for 

domestic flights before providing passengers an opportunity to deplane. This order 

directs American Eagle to cease and desist from future similar violations of 14 CFR Part 

259 and 49 U.S.C. § 41712 and assesses the carrier $200,000 in civil penalties. 

Applicable Law

Pursuant to section 259.4 of the Department’s rules, covered carriers, which include any 

U.S. certificated carrier conducting scheduled passenger service or public charter service 

with at least one aircraft having a designed seating capacity of 30 or more seats, are 

required to adopt, implement, and adhere to contingency plans for lengthy tarmac delays 

at each large hub, medium hub, small hub, and non-hub airport.1 Specifically, under 

section 259.4(b)(1), carriers must provide assurances that they will not permit domestic 

flights to remain on the tarmac for more than three hours before allowing passengers to 

deplane. Additionally, pursuant to section 259.4(b)(2), carriers must provide assurances 

 1 On April 25, 2011, the Department issued a set of rules designed to enhance protection for air travel 

consumers that, among other items, expanded the requirements under the Department’s rule on contingency 

plans for lengthy tarmac delays. 76 Fed. Reg. 23110 (April 25, 2011).
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that for international flights, carriers will not permit an aircraft to remain on the tarmac at 

a U.S. airport for more than four hours before allowing the passengers to deplane. 

Section 259.4 includes two exceptions to the three-hour and four-hour rules: (1) where 

the pilot-in-command determines that an aircraft cannot leave its position on the tarmac 

to deplane passengers due to a safety-related or security-related reason (e.g. weather, a 

directive from an appropriate government agency, etc.), and (2) where Air Traffic 

Control (ATC) advises the pilot-in-command that returning to the gate or another 

disembarkation point elsewhere in order to deplane passengers would significantly 

disrupt airport operations. 

An air carrier’s failure to comply with the assurances required by section 259.4 and as 

contained in the carrier’s contingency plan for lengthy tarmac delays constitutes an unfair 

and deceptive practice within the meaning of 49 U.S.C. § 41712.2

Facts and Conclusions

American Eagle is an air carrier as defined by 49 U.S.C. § 40102(a)(2)3 that operates 

scheduled service at Dallas-Fort Worth International Airport (DFW), a large hub airport, 

and that uses at least one aircraft having a design capacity of more than 30 passenger 

seats. American Eagle has adopted a contingency plan for lengthy tarmac delays 

covering its scheduled passenger operations at DFW. An investigation by the Office of 

Aviation Enforcement and Proceedings (Enforcement Office) revealed that on

December 25, 2012, ten American Eagle flights, eight inbound and two outbound, 

experienced lengthy tarmac delays at DFW. 

These delays occurred during and after an unexpectedly severe winter weather event in 

the Dallas-Fort Worth area on December 25, 2012. Although light snow fall, with no ice, 

had been predicted for DFW since the early morning hours that day, ice pellets fell for 

fifteen minutes beginning at 1:22 p.m.4

 This ice fall was followed by heavy snow that 

lasted until approximately 6:00 p.m. In anticipation of the inclement weather American 

Eagle canceled many flights and once it became apparent that the weather was worse than 

expected, American Eagle canceled or diverted several hundred flights. Complicating the 

challenging weather situation on the ground at DFW was the fact that several of 

American Eagle’s deicing trucks unexpectedly failed, resulting in very reduced deicing 

capacity. At 2:23 p.m., American Eagle’s System Operations Control (SOC) issued a 

ground stop. The arriving flights, not affected by the ground stop, combined with the 

departing flights that had to return to the gate because of extended deicing times, resulted 

in all of American Eagle’s gates being occupied. In response, American Eagle contacted 

 2 In addition, the FAA Modernization and Reform Act, 49 U.S.C. § 42301, requires that carriers adhere to 

their tarmac delay contingency plans.

3 49 U.S.C. § 40102(a)(2) defines an air carrier as “a citizen of the United States undertaking by any means, 

directly or indirectly, to provide air transportation.”

4 All times are Central Standard Time (CST).
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DFW to seek additional space to park its inbound flights and to request assistance with 

bussing. The carrier also implemented a towing operation to remove aircraft from 

American Eagle gates and initiated a remote deplaning operation. 

Of the ten flights that experienced lengthy tarmac delays, seven domestic flights and one 

international flight fell within the two aforementioned exceptions to the rule and are not 

subject to this order. On the other hand, the Enforcement Office has determined that 

American Eagle violated the Department’s tarmac delay rule in connection with the two

remaining flights that experienced lengthy tarmac delays. Those incidents, which are 

detailed below, are the subject of this order. 

Flight 2720, from Sioux Falls Regional Airport (FSD) to DFW, landed at DFW at 2:48 

p.m., shortly after the ground stop was instituted at 2:23 p.m. Flight 2720 was not 

assigned a gate until 5:30 p.m., and no attempt to move the aircraft already located on 

that gate was made until 5:40 p.m., giving American Eagle just eight minutes to remove 

one aircraft and park another to avoid violating the applicable 3-hour tarmac delay limit 

during winter weather conditions. Because the wheels of the aircraft parked at the gate 

were frozen, the gate was not made available for flight 2720 to park until 6:20 p.m. The 

aircraft ultimately arrived at the gate at 6:36 p.m., when passengers deplaned. As a 

result, 42 passengers remained on board the aircraft for 3 hours and 48 minutes before 

being given an opportunity to deplane.

Flight 3361, from Baton Rouge Metropolitan Airport (BTR) to DFW, landed at DFW at 

3:29 p.m. The aircraft was not dispatched to a hardstand until 6:00 p.m., 2 hours and 31 

minutes into the tarmac delay. The aircraft did not park at that hardstand until 7:00 p.m., 

already in violation of the tarmac delay rule. Passengers ultimately deplaned at 8:01 p.m. 

As a result, 37 passengers remained on board the aircraft for 4 hours and 32 minutes 

before being given an opportunity to deplane.

In summary, the Enforcement Office found that American Eagle failed to provide an 

opportunity to deplane before the tarmac delay for two domestic flights, flights 2720 and 

3361, exceeded three hours. Those flights carried 79 passengers. American Eagle’s 

failure to adhere to the terms of its contingency plan in this regard violated 14 CFR 

259.4(b)(1) and 49 U.S.C. § 41712. 

Mitigation

In mitigation, American Eagle states that it takes very seriously its responsibility to 

comply with all of the Department’s requirements, including the tarmac delay rule. 

American Eagle also notes that it fully cooperated with the Department’s investigation of 

the flights in issue. American Eagle states that it took all reasonable precautions to 

address forecasted winter storm conditions for December 25, 2012, including performing 

routine deicing truck maintenance and even precautionary testing of the trucks the day 

before the storm (and specifically in anticipation of the forecasted storm), conducting 

significant preplanning sessions for storm impacted operations, canceling flights that 
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would have operated during the hours of the forecasted storm, canceling additional flights 

(totaling 235 afternoon operations) when icing conditions occurred, and subsequently 

issuing a ground stop order for all American Eagle flights at DFW. Nevertheless, 

according to the carrier, the two American Eagle flights addressed in this order were 

unavoidably incapable of being deplaned within the allowable three hour time limit. 

However, the delays in question were experienced in the face of weather at DFW that 

was not accurately predicted as to its severity. What was forecast to be a thunderstorm 

and later snow event was in fact, according to the carrier, a significant icing event that 

hampered the ability of the carrier, even with its precautionary efforts including canceling 

scheduled Christmas Day flights, to deplane aircraft at DFW within the prescribed time. 

American Eagle states that with respect to all of the American Eagle delayed flights that 

it provided either AAdvantage miles or vouchers for future travel for those passengers 

American Eagle could make contact with after the fact. Finally, American Eagle does not 

agree that the Department has statutory authority to assess civil penalties for violations of 

the tarmac delay rule on a per passenger basis, but rather has concluded that penalties 

may only be imposed on a per flight basis. However, in the interest of settling this matter 

without engaging in protracted litigation, and without conceding or waiving its legal 

position on the question of the scope of the Department’s civil penalty authority, 

American Eagle has agreed to this compromise settlement. 

Decision

We view seriously American Eagle’s violation of 14 CFR Part 259 and 49 U.S.C. 

§ 41712. We note that this is not the first time that the Department has found significant 

violations of the tarmac delay rule by American Eagle that warranted enforcement action. 

Violations covered in this order also violate the cease and desist provisions of the order 

issued in connection with the earlier action.5

 Accordingly, after carefully considering all 

the facts in this case, including those set forth above, the Enforcement Office believes 

that enforcement action is warranted. By this order, the Department finds that American 

Eagle failed to adhere to the assurances in its contingency plan for lengthy tarmac delays 

that the carrier would not permit an aircraft to remain on the tarmac for more than three 

hours without providing passengers an opportunity to deplane. 

In order to avoid litigation, American Eagle has agreed to settle this matter with the 

Enforcement Office and enter into this consent order directing American Eagle to cease 

and desist from future similar violations of 14 CFR Part 259 and 49 U.S.C. § 41712, and 

assessing $200,000 in compromise of potential civil penalties otherwise due and payable. 

The compromise assessment is appropriate considering the nature and extent of the 

violations described herein and serves the public interest. It establishes a strong deterrent 

to future similar unlawful practices by American Eagle and other carriers.

 5 On November 14, 2011, the Department issued a consent order against American Eagle (Order 2011-11-

13) for violations of the tarmac delay rule involving fifteen inbound flights that exceeded the three-hour 

rule at Chicago O’Hare International Airport (ORD) on May 29, 2011.
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This order is issued under the authority contained in 49 CFR Part 1.

ACCORDINGLY,

1. Based on the above discussion, we approve this settlement and the provisions of 

this order as being in the public interest;

2. We find that American Eagle Airlines, Inc., violated 14 CFR 259.4(b)(1) and Order 

2011-11-13 by failing to adhere to the assurances in its contingency plan for lengthy 

tarmac delays that the carrier would not permit an aircraft conducting a domestic 

flight to remain on the tarmac for more than three hours without providing 

passengers an opportunity to deplane;

3. We find that by engaging in the conduct described in ordering paragraph 2 above, 

American Eagle Airlines, Inc., engaged in unfair and deceptive practices and unfair 

methods of competition in violation of 49 U.S.C. § 41712;

4. We order American Eagle Airlines, Inc., and all other entities owned or controlled 

by American Eagle Airlines, Inc., its successors, and assigns, to cease and desist 

from further violations of 14 CFR Part 259 and 49 U.S.C. § 41712; 

5. We assess American Eagle Airlines, Inc., $200,000 in civil penalties in compromise 

of civil penalties that might otherwise be assessed for the violations found in 

ordering paragraphs 2 and 3, above. Of this total penalty amount, $100,000 shall be 

due and payable within thirty (30) days of the date of the issuance of this order. 

The remaining portion of the civil penalty amount, $100,000, shall become due and 

payable immediately if, within one year of the date of issuance of this order, 

American Eagle Airlines, Inc., violates this order’s cease and desist provisions or 

fails to comply with this order’s payment provisions, in which case American Eagle 

Airlines, Inc., may be subject to additional enforcement action for violation of this 

order; and

6. We order American Eagle Airlines, Inc., to remit the payment assessed in paragraph 

5, above, within 30 days of the issuance of this order. Payment shall be made 

through Pay.gov to the account of the U.S. Treasury in accordance with the 

instructions contained in the Attachment to this order. Failure to pay the penalty as 

ordered shall subject American Eagle Airlines, Inc., to the assessment of interest, 

penalty, and collection charges under the Debt Collection Act and to further 

enforcement action for failing to comply with this order. 
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This order will become a final order of the Department 10 days after its service date 

unless a timely petition for review is filed or the Department takes review on its own 

motion.

BY:

SAMUEL PODBERESKY 

Assistant General Counsel for 

Aviation Enforcement and Proceedings

An electronic version of this document is available at

www.regulatons.gov